Treasury Laws Amendment (Payday Superannuation) Bill 2025

High-Level Summary
The bill requires employers to pay Superannuation Guarantee contributions each pay day instead of quarterly, aligning super payments with salary and creating stronger incentives for on-time and full contributions. Commencing 1 July 2026, it amends the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992 to introduce new definitions, calculation rules for shortfalls, interest, administrative uplifts and choice loadings, and replaces quarterly statements with voluntary disclosure statements.

Summary

The Treasury Laws Amendment (Payday Superannuation) Bill 2025 and the Superannuation Guarantee Charge Amendment Bill 2025 amend the Superannuation Guarantee (Administration) Act 1992 (SGA Act) and the Superannuation Guarantee Charge Act 1992 (SGC Act) to implement the Securing Australians’ Superannuation Package announced in the 2023-24 Budget.

Key reforms include:

  • Single earnings base: introduces “qualifying earnings” and “QE day” to replace separate OTE and ‘salary or wages’ bases.
  • Payment timing: requires contributions to be received by a fund within seven business days of QE day (extended to 20 business days for first payments to new employees or when changing funds); special extensions for out-of-cycle payments and exceptional circumstances.
  • Shortfalls and SG charge: calculates daily compounding notional earnings on shortfalls, adds an administrative uplift (initially 60% of shortfall plus notional earnings, subject to regulation), and a 25% choice loading for fund non-compliance.
  • Compliance: replaces quarterly SG statements with voluntary disclosure statements; empowers the ATO to assess SG charge per QE day and apply GIC and late-payment penalties (25–50%).
  • Distribution: paid SG charge components (shortfalls, notional earnings, choice loadings, GIC) flow to member accounts or to the member directly.

The reforms commence 1 July 2026 and are expected to reduce unpaid super (estimated at $5.2 billion in 2021-22) and improve retirement outcomes.


Argument For
Normative Bases
  1. Utilitarian Ground Truth
  2. Egalitarianism
  3. Legal Principle [Superannuation Guarantee (Administration) Act 1992, section 16]

This reform maximises overall well-being by ensuring workers receive their guaranteed retirement contributions promptly, preserving compound earnings and reducing the risk of unpaid superannuation that currently totals billions each year. More frequent payments reduce the interval in which shortfalls can grow, providing earlier detection and correction and thereby securing more dignified retirements.

From an equality standpoint, payday superannuation levels the playing field by removing advantages for employers who delay contributions. Workers in all sectors—from gig economy to SMEs—will benefit equally from timely super payments, reducing disparities in retirement savings accumulation.

Legally, aligning contribution timing with pay days fulfils the original intent of the Superannuation Guarantee: to guarantee minimum retirement support. The new definitions and streamlined compliance (voluntary disclosures replacing quarterly statements) enhance clarity and enforceability, strengthening trust in Australia’s retirement system.


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection
  2. Propertarianism

Even if timely super contributions are laudable, shifting from quarterly to payday payments imposes significant compliance costs on employers, payroll providers and super funds. Digital system overhauls, testing and ongoing administrative burdens may exceed initial estimates, particularly for small businesses with limited IT resources [Judgment].

The introduction of a 60% administrative uplift and strict daily‐compounding notional earnings creates unpredictable liabilities. Employers face cash-flow risks if inadvertent payment delays trigger costly shortfalls and penalties, potentially harming investment and hiring decisions.

Finally, replacing quarterly SG statements with continuous voluntary disclosures may increase regulatory uncertainty. Without clear precedent for ATO enforcement and variable extensions (exceptional circumstances, out-of-cycle payments), businesses may struggle to interpret compliance windows, leading to inadvertent non-compliance and punitive outcomes [Judgment].


Date:

2025-10-09

Chamber:

House of Representatives

Status:

Before House of Representatives

Sponsor:

Unspecified

Portfolio:

Treasury

Categories:

Social Support / Welfare, Labour, Financial Regulation

Timeline:
09/10/2025

Comments (0)